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(영문) 부산지방법원 2014.02.06 2013고정4012
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around January 16, 2012, the Defendant stated that “The victim C would purchase 50,000 shares if it transfers KRW 10 million to the victim C the E-real estate office located in Busan Jin-gu, Busan, that “The price per share is 200 won or more as it issues shares in the energy from a stock company located within Gyeonggi-do, which is located within the inside of Gyeonggi-do, and is larger if it is listed later.”

However, the fact is that the price per share of 100 won, which is 100 won or more, can be purchased as 100,000 won, and the defendant was thought to have the defendant to purchase 100,000 won with the remitted money from the victim, and 50,000 won and the remaining 50,000 won.

Around January 25, 2012, the Defendant, by deceiving the same victim, was delivered KRW 10 million to the account of the Defendant’s father F with the name of the purchase price for shares of KRW 50,000 from the victim.

2. Victims G;

A. On January 16, 2012, the Defendant: (a) by deceiving the victim G by means of the same method as the foregoing paragraph 1; and (b) was granted from the victim the purchase price of KRW 50,000 to the said company account as the purchase price of the said shares, even though the purchase price of KRW 50,000 for the same day was KRW 5 million.

B. On October 26, 2012, around 14:00 on October 26, 2012, the Defendant deceptioned the victim by the aforementioned method, and accordingly, received 3.7 million won as part of the purchase price of the said shares, even though the purchase price of 20 million shares was KRW 2 million from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective statutory statements of witness C and G

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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